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joakim Noah busted in Gainesville

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31 replies to this topic

#16
thethird

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.......link?

#17
HobnailedBoots

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gatorunvrsty said:

But, the fact is you can't detain and question someone for walking around with something that APPEARS to be alcoholic...

On the contrary... yes they can, and they do it all the time. Open container laws are enforced statewide, and a cop can stop you if he suspects you are carrying one. They don't need any other legitimate reason other than that you are carrying an open container of liquid. I know this because A) my first degree was in criminal justice, and this kind of stuff was covered, and B) I've probably logged 40+ hours in the passenger seat of a DUI Task force police cruiser, watching and learning (back in the day I wanted to be a cop). They can't ARREST you without a good cause, but they can stop you and question you for whatever the hell they want. They can certainly stop you for carrying a plastic cup of amber colored beverage around in public.

#18
FiftytwoTwentyForever

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D^3 said:

On the contrary... yes they can, and they do it all the time. Open container laws are enforced statewide, and a cop can stop you if he suspects you are carrying one. They don't need any other legitimate reason other than that you are carrying an open container of liquid. I know this because A) my first degree was in criminal justice, and this kind of stuff was covered, and B) I've probably logged 40+ hours in the passenger seat of a DUI Task force police cruiser, watching and learning (back in the day I wanted to be a cop). They can't ARREST you without a good cause, but they can stop you and question you for whatever the hell they want. They can certainly stop you for carrying a plastic cup of amber colored beverage around in public.


Open container laws are not state law they are local ordinances. In fact, there are several cities within the state of Florida that do not have an open container ordinance.

This does not excuse Noah's actions, because someone who spent 3 years in Gainesville should know that open containers are prohibited.  Granted, most times, the penalty for a violation is merely a loss of beverage (i.e. "Spill that out or I will cite you.")  However, it was clearly within the officer's power to detain, search, or question Noah after seeing him possess a cup as described above.  Now if we were to change the facts to say it was a can of soda, or other branded bottle, there might not be any reason for the officer to stop him.

#19
shanksta13

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This story was posted at least 3 days ago.  Please read the board before posting duplicates.

#20
CrimsoNation713

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I also heard that his dad wanted to know what the big deal was...go figure :brick:
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#21
HobnailedBoots

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FiftytwoTwentyForever said:

Open container laws are not state law they are local ordinances. In fact, there are several cities within the state of Florida that do not have an open container ordinance.

This does not excuse Noah's actions, because someone who spent 3 years in Gainesville should know that open containers are prohibited.  Granted, most times, the penalty for a violation is merely a loss of beverage (i.e. "Spill that out or I will cite you.")  However, it was clearly within the officer's power to detain, search, or question Noah after seeing him possess a cup as described above.  Now if we were to change the facts to say it was a can of soda, or other branded bottle, there might not be any reason for the officer to stop him.

I didn't say it was a state law, I said it was enforced statewide, meaning that the vast majority of the state has laws against open containers (you can probably count the exceptions on one hand).

#22
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The distinction between the two is of semantics.  Regardless, it has nothing to do with the issue of this thread.

#23
GeorgH

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Wait, is that the Kirk Hammett look-alike from Florida?

#24
volimhtown

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D^3 said:

Apple juice? How many adult males have you in your entire life seen walking around with a plastic cup full of apple juice?

:laugh: Hmmm....I suppose if you hung out in hospitals and looney bins that would not be out of the norm. :blink:

In all seriousness, though, that was pretty funny!! :thumpsup:
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#25
GatorHunter

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It could've been his urinalysis...this drug testing is getting outa hand!!!

#26
GatorHunter

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shanksta13 said:

This story was posted at least 3 days ago.  Please read the board before posting duplicates.

Merged................

#27
Gator2753

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This is very terrible for the Chicago Bulls & the NBA. Imagine the bad PR they are going to get from this.
;)

#28
Tennessee Ted

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I am just glad that Josh Howard spoke up and let me know that NBA players smoke marijuana in the off season.  If he had not said that and prepared me for this fact then I would have been shocked beyond belief.

#29
UKat

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gatorunvrsty said:

I think we have this in the wrong forum, don't we? Noah is, after all, an NBA player at this point. In any event, it was pretty stupid to think his VIP status in Gainesville would prevent him from getting charged like anyone else.

On the upside, after reading the account of the arrest, it looks like the police had insufficient cause to detain and search Noah in the first place. They stopped him initially because they witnessed him walking with a clear cup with an "amber" beverage in it. I'm not really sure about the law in Gainesville, but in most places, that wouldn't be enough to stop someone and investigate... it could be apple juice. They would have to have smelled alcohol to stop and investigate further. Basically, they were guessing it was alcohol, stopped him; and after he put the drink on the ground, they picked it up and smelled it. They then arrested him; and when they were booking him, they found a joint on him. He definitely screwed up; but a good attorney should be able to burn this to the ground. If the initial stop was bogus, all the subsequent evidence is worthless also.
Whether he gets out of this or not, the damage has been done. He will now be known as a 'Pothead'........he can get out of the charges but will never be able to reverse the bad publicity and assault on his character.
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#30
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FiftytwoTwentyForever said:

Open container laws are not state law they are local ordinances. In fact, there are several cities within the state of Florida that do not have an open container ordinance.

This does not excuse Noah's actions, because someone who spent 3 years in Gainesville should know that open containers are prohibited.  Granted, most times, the penalty for a violation is merely a loss of beverage (i.e. "Spill that out or I will cite you.")  However, it was clearly within the officer's power to detain, search, or question Noah after seeing him possess a cup as described above.  Now if we were to change the facts to say it was a can of soda, or other branded bottle, there might not be any reason for the officer to stop him.

Forever, from now on, you'll all know that this is the reason UT players get in trouble in Knoxville.  This would be an arrest, not only a citation.  KPD and UTPD don't stand for public intoxication to any degree.
Knoxville players are no different from any others in the SEC (maybe except for Vanderbilt).  The difference is the intolerance of the police.

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